The proposals are part of a draft amendment to the Law on Handling Administrative Violations, which seeks to strengthen enforcement against those who fail to comply with administrative sanctions.

According to the Ministry of Public Security, more than 13 years of implementing the law have established an important legal foundation for preventing, detecting and addressing violations, helping maintain discipline and order in state administration across various sectors.

However, practical implementation has exposed shortcomings, particularly in provisions governing monetary penalties, limitation periods for imposing sanctions, enforcement of penalty decisions, administrative measures and procedures conducted electronically.

One of the key changes under consideration is the introduction of additional coercive measures to enforce administrative penalty decisions.

The draft amended law proposes five new enforcement measures.

1. Temporary exit bans for individuals and heads of organizations

The first measure would allow authorities to temporarily prevent individuals and heads of organizations from leaving Vietnam if they have not fully complied with administrative penalty decisions.

In practice, some offenders and representatives or leaders of organizations have taken advantage of overseas travel to delay or evade their obligations, making it difficult for authorities to enforce penalties and collect fines.

The proposed measure is intended to prevent such evasion and ensure consistency with Vietnam's existing legal framework.

2. Sealing business premises and facilities

The second measure would authorize authorities to seal offices, premises, facilities or specific sections of production, business and service establishments.

This would provide an enforcement mechanism when individuals or organizations refuse to comply with additional sanctions, such as temporary suspension of operations, or remedial orders requiring them to address environmental pollution or prevent the spread of disease.

3. Suspending electricity and water supplies

The third measure would allow authorities to request the suspension of electricity and water services to construction projects and production, business or service facilities.

It would apply when violators fail to comply with additional sanctions, including temporary suspension of operations, or remedial orders requiring them to restore a site to its original condition or demolish structures built without permits or in violation of approved construction permits.

The measure is designed to strengthen deterrence and compel individuals and organizations to comply with legal requirements.

Authorities expect it to improve legal compliance and ensure that administrative penalty decisions are enforced properly and within the prescribed deadlines.

4. Suspending vehicle inspections, registrations and driving licence issuance

The fourth measure would permit the temporary suspension of vehicle inspections, vehicle registrations and the issuance of driving licences.

These restrictions would provide an enforcement mechanism when individuals or organizations fail to comply with additional penalties, such as the temporary revocation of the right to use licences or professional practice certificates.

By linking compliance with administrative penalty decisions to the ability to participate in road traffic, the proposed measures aim to strengthen deterrence, prevent repeat violations and improve road safety.

5. Suspending internet, telecommunications and digital infrastructure services

The fifth measure would allow authorities to request the suspension of internet access, telecommunications services or digital infrastructure, or impose technical restrictions and access blocks.

It would target individuals and organizations that fail to comply with penalties involving the revocation of the right to use licences or professional practice certificates, temporary suspension of operations, or legally mandated remedial measures in the digital environment.

The proposal is intended to give authorities effective enforcement tools when offenders refuse to comply with additional sanctions or remedial obligations involving online activities.

According to the drafting agency, the potential impacts of all five proposed measures have been carefully and comprehensively assessed during the preparation of the amended law.

The draft also establishes strict principles and conditions governing their application.

These safeguards are intended to protect human and citizens' rights, prevent adverse effects on individuals and organizations unrelated to the violations, and ensure that enforcement measures are appropriate to practical circumstances.

Dinh Hieu